21.18
When
these preparations were completed, the formalities necessary before entering
upon war required that a commission should be despatched to Carthage.
Those selected were men of age and experience -Q. Fabius, M. Livius, L.
Aemilius, C. Licinius, and Q. Baebius. They were instructed to inquire
whether it was with the sanction of the government that Hannibal had
attacked Saguntum, and if, as seemed most probable, the Carthaginians
should admit that it was so and proceed to defend their action, then the
Roman envoys were to formally declare war upon Carthage. As soon as they
had arrived in Carthage they appeared before the senate. Q. Fabius had, in
accordance with his instructions, simply put the question as to the
responsibility of the government, when one of the members present said:
"The language of your previous deputation was peremptory enough when
you demanded the surrender of Hannibal on the assumption that he was
attacking Saguntum on his own authority, but your language now, so far at
least, is less provocative, though in effect more overbearing. For on that
occasion it was Hannibal whose action you denounced and whose surrender
you demanded, now you are seeking to extort from us a confession of guilt
and insist upon obtaining instant satisfaction, as from men who admit they
are in the wrong. I do not, however, consider that the question is whether
the attack on Saguntum was an act of public policy or only that of a private
citizen, but whether it was justified by circumstances or not. It is for us to
inquire and take proceedings against a citizen when he has done anything on
his own authority; the only point for you to discuss is whether his action was
compatible with the terms of the treaty. Now, as you wish us to draw a
distinction between what our generals do with the sanction of the State and
what they do on their own initiative, you must remember that the treaty with
us was made by your consul, C. Lutatius, and whilst it contained provisions
guarding the interests of the allies of both nations, there was no such
provision for the Saguntines, for they were not your allies at the time. But,
you will say, by the treaty concluded with Hasdrubal, the Saguntines are
exempted from attack. I shall meet that with your own arguments. You told
us that you refused to be bound by the treaty which your consul, C. Lutatius,
concluded with us, because it did not receive the authorisation of either the
senate or the Assembly. A fresh treaty was accordingly made by your
government. Now, if no treaties have any binding force for you unless they
have been made with the authority of your senate or by order of your
Assembly, we, on our side, cannot possibly be bound by Hasdrubal's treaty,
which he made without our knowledge. Drop all allusions to Saguntum and
the Ebro, and speak out plainly what has long been secretly hatching in your
minds." Then the Roman, gathering up his toga, said, "Here we bring you
war and peace, take which you please." He was met by a defiant shout
bidding him give whichever he preferred, and when, letting the folds of his
toga fall, he said that he gave them war, they replied that they accepted war
and would carry it on in the same spirit in which they accepted it.